HOUSE BILL No. 6040


     September 28, 2000, Introduced by Reps. Gosselin, DeVuyst and DeHart and referred to the Committee on Criminal Law and
Corrections.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   (MCL 760.1 to 777.69) by adding section 21c to chapter VIII.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                 CHAPTER VIII

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           SEC. 21C.  (1) IT IS A COMPLETE DEFENSE TO A CHARGE ARISING

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      FROM THE ALLEGED USE OF DEADLY FORCE AGAINST AN INDIVIDUAL THAT

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      THE DEFENDANT REASONABLY BELIEVED THE USE OF DEADLY FORCE WAS

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      NECESSARY TO PREVENT THE INDIVIDUAL FROM FORCIBLY ENTERING THE

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      DEFENDANT'S OCCUPIED DWELLING AGAINST THE DEFENDANT'S WILL,

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      INCLUDING BUT NOT LIMITED TO A VIOLATION OR ATTEMPTED VIOLATION

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      OF SECTION 110A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

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      750.110A, BY THE INDIVIDUAL.

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           (2) THIS SECTION DOES NOT REQUIRE A DEFENDANT TO RETREAT OR

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      ATTEMPT TO RETREAT BEFORE USING DEADLY FORCE.

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